THE EUROPEAN UNION’S JUDICIAL COOPERATION UNIT (EUROJUST)

Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters. The seat of Eurojust is in The Hague, Netherlands.

Established in 2002, it was created to improve handling of serious cross-border and organised crime by stimulating investigative and prosecutorial co-ordination among agencies of the EU Member States. Eurojust is composed of a College formed of 28 National Members—experienced judges, prosecutors, or police oficers of equivalent competence from each EU Member State. Eurojust also co-operates with third states and other EU bodies such as the European Judicial Network, Europol, the European Anti-Fraud Office (OLAF), and Liaison Magistrates. It is also able, through the Council, to conclude cooperation agreements with non-Member States and international organisations or bodies for the exchange of information or the secondment of officers.

Eurojust has established contact points in 23 non-Member States: Albania, Argentina, Bosnia and Herzegovina, Canada, Egypt, the former Yugoslav Republic of Macedonia, Iceland, Israel, Japan, Korea, Liechtenstein, Moldova, Mongolia, Montenegro, Norway, Russian Federation, Serbia, Singapore, Switzerland, Thailand, Turkey, Ukraine and the USA. Korea is the most recent addition.

Goals
Eurojust’s goals are: first, to stimulate and improve the coordination between the national authorities, and to this end it works closely with EU partners such as the European Judicial Network (EJN), Europol, and OLAF where appropriate; second, to improve cooperation between the competent authorities, in particular by facilitating mutual legal assistance and the execution of mutual recognition instruments such as the European Arrest Warrant; and third, to support competent authorities in improving the effectiveness of their investigations and prosecutions, for example, by seeking solutions to recurring problems in judicial cooperation. In non-operational strategic matters, Eurojust works closely with EU and Member State institutions such as the European Parliament, national parliaments, the Council and the Commission.

Functions

Types of Crimes and Offences

According to the Eurojust Decision, Eurojust may act when two or more Member states are affected crimes in which Europol is entitled to act, including organised crime, terrorism, and other forms of serious crime (unlawful drug trafficking, illegal money laundering activities, crime connected with nuclear and radioactive substances, illegal immigrant smuggling, trafficking in human beings, motor vehicle crime, murder, grievous bodily injury, illicit trade in human organ and tissue, kidnapping, illegal restraint and hostage taking, racism and xenophobia, organised robbery, illicit trafficking in cultural goods, including antiquities and works of art, swindling and fraud, racketeering and extortion, counterfeiting and product piracy, forgery of administrative documents and trafficking therein, forgery of money and means of payment, computer crime, corruption, illicit trafficking in arms, ammunition and explosives, illicit trafficking in endangered animal species, illicit trafficking in endangered plant species and varieties, environmental crime, illicit trafficking in hormonal substances and other growth promoters. It may also act on other types of crime if they are committed together with one of the above or if it is requested by a Member State.

Eurojust's primary focus are on crimes that represent an "especial threat" to citizens, such as terrorism, drug trafficking, trafficking in human beings, cybercrime, fraud, corruption, money laundering and other economic crime.

Tasks

Eurojust is not empowered to investigate or prosecute crimes, but instead works to coordinate investigations and prosecutions between the EU Member States when dealing with cross-border crime. They may also assist investigations and prosecutions between a requesting Member State and a non-Member State where a co-operation agreement exists or where there is special need.

Eurojust's tasks may vary depending on whether it is acting as college or through national members. Among other tasks, Eurojust may:

  • Ask competent authorities in Member States to investigate or prosecute specific acts, accept that one Member State may be the better jurisdiction for investigation or prosecution, co-ordinate with other Member States, set up a joint investigation team, or supply information to Eurojust;
  • Ensure that Member States communicate with one another about relevant investigations and prosecutions;
  • Assist Member States in ensuring co-ordination or improving co-operation;
  • Co-operate and consult with the European Judicial Network;
  • Assist Europol, particularly by providing opinions based on Europol analyses (as College);
  • Supply logistical support such as assistance for translation, interpretation and the organisation of co-ordination meetings (as a College);
  • Ask authorities of Member States to take special investigative measures or other measures justified for investigation or prosecution (through national members);
  • Assist investigations and prosecutions concerning the competent authorities of only one Member State, where the European Union itself or a non-Member State are involved (through national members with agreement of the College).

As Eurojust is tasked with facilitating the execution of letters rogatory and extradition requests, it also may act on European Arrest Warrants (EAW). When more than one EAW exists for one individual, Eurojust may advise the judicial authority that executes the EAW which should take priority and may also facilitate communication between the judicial authorities involved. It is also the body to which Member States may report delays in execution of EAWs of the reason for such delay.

Eurojust may also take part in a joint investigation team (JIT) or, on request of a Member State, help establish one and/or assist in managing one administratively or by securing funding. Such teams are created on the agreement of two or more involved parties for a specific purpose and limited time to carry out criminal investigations in one or more of the Member States involved. JITs were established on the belief that cross-state teams of investigators and judicial authorities with clear legal authority and defined roles would improve the fight against organised crime.

Administration

The College of Eurojust is supported by the administration. As head of the Eurojust administration, the Administrative Director is responsible for the day-to-day management of Eurojust, including budget and staff management. The administrative organisation is composed of units, services and secretariats: the Budget, Finance & Procurement Unit, Case Analysis Unit, Corporate Services Unit, Human Resources Unit, Information Management Unit, Legal Services Unit, Data Protection Office, Press & PR Service, College Secretariat, European Judicial Network Secretariat, Joint Investigation Teams Network Secretariat and Genocide Network Secretariat

At the end of 2014, the workforce of Eurojust consisted of approximately 260 post-holders.

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